Zoning 101

Key principles, components and processes

Dh 2005

What is zoning? Regulations that control the use of

property and the physical limits of that use

A map that identifies where and how these regulations apply to the land

The basis of understanding between property owners and the community as to what is considered acceptable use of their land as well as their neighbor’s land

Key Principles in Zoning Equal application – fairness Protection from undesirable impacts on

adjacent lands Proportionality of requirements

Reasonable nexus Nolan-Dolan

An open process A ‘police power’ (controlling the

excesses of human activity)

How is zoning regulated? State law

Powers and limitations Processes Appeals

State court decisions Constitution Proper process

Federal court decisions Equal opportunity Proportionality Freedom of expression

City Charter

How has zoning evolved in Scottsdale? First ordinance in 1953 (archaic

language, narrative form) Update in 1961 (closer compliance with

County ordinance, most of the city at that time had been permitted by the county)

First sign ordinance in 1965 (first professional staff)

Total Ordinance update in 1969 (current parent ordinance)

Planned developments sections added in 1970-71 (McCormick Ranch)

Hillside ordinance in 1977 / Open Space ordinance in 1979

Group of changes added in early 1980s (outdoor lighting, Downtown, Support Services, Western Theme Park, R1-70/130/190)

Another group of changes in the very late 1980s through the mid-1990s (R1-5, ESLO, Conservation Open Space, Signs update, Parking update, PRC update, administrative sections update, adult uses update)

What has Scottsdale pioneered with its zoning ordinance? Sign controls Design Review Open space requirements Natural area protection Native plants protection Planned units development Density transfers Landscaping requirements Adult uses limitations

How is the Zoning Ordinance put together? Administrative section (Article I)

Commissions and Boards Processes Special standards for certain use permit uses

Definitions (Article III) Zoning Districts (Article V) (use lists, development

standards Single family Multi-family Commercial Employment Planned unit Special

Supplementary Districts (Article VI) (what is an ‘overlay’ district?) Historic PRC Parking districts Open space districts ESLO Foothills

General Provisions (Article VII) General Cell towers Native plants Special events Outdoor lighting

Signs (Article VIII) Parking (Article IX) Landscaping (Article X)

What processes relate to zoning? Planning Commission – advisory Text amendments (Council) Map changes – rezonings (legal

protests) (Council) Amended development standards

(fixed to that property) (Council) General site plans (Council)

Use permits (Council) General criteria (no physical impact to adjacent

uses, compatible traffic, compatible character) Special criteria to certain uses

Variances (Board of Adjustment) Quasi-judicial 4 criteria from State law (unusual

circumstances, not self imposed, reasonable use of the land, not detrimental to adjacent properties)

What is typically included in a rezoning case? Property description Authorization by the property owner Description of the proposal Transportation impact study Public involvement and notice (meetings,

signs, mailed notice, advertisements) Notice to school districts Report and stipulations (background on

Conditional (C) approvals)